Protection of the victims rights in the course of proceedings on cases of incitement to suicide
Автор: Abdulvaliev A.F., Belousov A.V., Sidorenko D.V., Sidorova N.V., Tolstoluzhinskaya E.M., Khabarova E.A.
Журнал: Суицидология @suicidology
Статья в выпуске: 1 (50) т.14, 2023 года.
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Based on the historical and legal stages of the formation of institutions for social security of life and health of a person and a citizen, the article examines the specifics of law enforcement in criminal cases of incitement to suicide. The aim of the study is to highlight the algorithm for applying the provisions of the criminal procedural law when using legal methods and means in the investigation and consideration of crimes of this category. Materials and methods: an analysis of codified legal acts containing the norms of criminal and criminal procedural law, as well as the specifics of law enforcement was carried out. In particular, 50 verdicts, 4 rulings of the court of cassation of general jurisdiction, 3 cassation rulings, a ruling of the European Court of Human Rights and statistical information on the state of crime in the Russian Federation in criminal cases initiated under articles 110, 110.1 and 110.2 of the Criminal Code of the Russian Federation in the period from 2015 were analyzed. years to 2022. For the same purposes, the theoretical works of scientists in the field of criminal justice and forensic methods of investigating criminal cases of criminal suicide are summarized. Special methods of research were system-structural, historical, comparative legal, statistical and sociological. The results of a study of law enforcement practice showed that suicidal acts among adult women are 74%, and among adult men -4%. The analysis of the data made it possible to describe the forensic characteristics of a typical victim of criminal suicide. In the course of the work, an algorithm was developed for applying the provisions of the criminal procedural legislation in the investigation and consideration of crimes of this category, which includes an indication of the specifics of initiating a criminal case without a statement from the victim; involvement of a legal representative or the implementation of a procedural replacement of the victim; legal support of the rights of the victim; compensation for non-pecuniary damage in criminal proceedings. Conclusions. The analysis of the empirical study made it possible to identify initial situations that require procedural regulation and form methods and means that provide the victim with legal protection in the investigation of crimes of criminal suicide.
Victim rights, victim, crime, incitement to suicide, inducement to commit suicide, criminal justice, criminal suicide, forensic science
Короткий адрес: https://sciup.org/140300118
IDR: 140300118 | DOI: 10.32878/suiciderus.23-14-01(50)-169-185